Victor Treatment Centers v. Troutman CA3

Filed 6/11/15 Victor Treatment Centers v. Troutman CA3 NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

VICTOR TREATMENT CENTERS, INC., C075103

Plaintiff and Respondent, (Super. Ct. No. 175489)

v.

KRISTINA TROUTMAN,

Defendant and Appellant.

After the Labor Commissioner entered an award against plaintiff Victor Treatment Centers, Inc. (VTC) and in favor of defendant Kristina Troutman for $38,741.30 in wages, liquidated damages, and interest, VTC sought a trial de novo in the superior court. After a court trial, the superior court entered judgment in favor of VTC, from which Troutman appeals. On appeal, Troutman makes contentions that require a review of the entire record, including the testimony presented at trial. However, she has provided no reporter’s

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transcript, agreed statement, or settled statement for us to review the testimony from trial. This procedural failing is fatal to Troutman’s contentions on appeal. Without a proper record to review the judgment, we must presume the judgment was correct. We therefore affirm the judgment. BACKGROUND VTC runs residential treatment homes for emotionally disturbed children and young adults. Troutman was employed by VTC as a residential services supervisor responsible for managing one of the VTC homes. In 2012, Troutman filed a complaint with the Labor Commissioner’s Office, alleging that her employer, VTC, improperly treated her as an exempt employee not entitled to overtime pay. After a hearing, the Labor Commissioner found that Troutman was nonexempt and thus entitled to overtime pay because Troutman “spent a majority of her time (more than 50 percent) engaged in duties of manual work or direct care.” The Labor Commissioner awarded Troutman $28,519.47 in wages, $8,741.60 in liquidated damages under the Labor Code, and $1,480.23 in interest.1 VTC filed a notice of appeal de novo in the superior court. Over the course of several days, the superior court conducted a trial without a jury during which the parties provided documentary and testimonial evidence. After trial, neither party requested a statement of decision, so the trial court entered judgment. It concluded that Troutman’s position at VTC as a residential services supervisor was exempt from overtime pay. The court therefore vacated the Labor Commissioner’s award and entered judgment in favor of VTC.